Jim Higgins
Question:3 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the number of date rape cases reported to the Garda Síochána in 1997 and to date; and if he will make a statement on the matter. [25267/98]
Ceisteanna—Questions. Priority Questions. - Date Rape Cases.
As the Deputy will appreciate, since the term "date rape" is not, in legal terms, a specific sexual offence, it is not recorded as such. It would not be possible to extract the information requested by him without making inquiries in each case and, even then, it would not necessarily be possible to provide statistics with any degree of confidence that they were completely accurate.
From research published earlier this year by An Garda Síochána into rapes recorded during the 1994-97 period, offenders were known, to some extent, to the victims in 87 per cent of cases. The term "date rape" is subject to a high degree of subjectivity and variability as the victimoffender relationship can range from friend to acquaintance to stranger. The Garda estimates that 11 per cent of rapes occurred in circumstances where the victim began the day in the company of the offender or where they joined company during the course of the day.
As the Deputy is aware, the term "date rape" has been linked in recent times with the abuse of the drug Rohypnol. In reply to a question tabled on 10 February 1998 by Deputy Upton I informed the House that the Garda authorities had advised me that that there was no specific information available linking the use of Rohypnol to crime in this jurisdiction.
The number of rape cases recorded in 1997 showed, approximately, a 40 per cent increase on the 1996 figures; of the 256 rape offences recorded in 1997, 214 were detected. The indications are that the number of rapes recorded in 1998 will show a further increase, unlike other crime which will show a further decrease. Like every other Member of the House, I am concerned with the increasing trend in the number of reported rapes.
As I indicated previously, the Garda Commissioner shares my concerns at this trend. Earlier this year he asked the Garda research unit to conduct an analysis of the number of reported rapes between 1994 and 1997. The majority of cases for 1997 were historical child abuse cases. It seems that there is now a greater willingness by the victim to report rape, some of which may be due to the more sympathetic climate for reporting such crimes.
I understand the Garda is about to continue its research in the area of rape and proposes to examine all recorded rapes for 1996. The focus of the research will be on the experiences of victims of rape who report to the Garda. It will also try to quantify the attrition rate at each stage from reporting a case to case outcome and to suggest how the processing of cases might be improved with reference to Garda practice.
I am concerned that there are victims who do not come forward to the Garda to report on rape cases. My Department has, therefore, commissioned another research project, specifically to focus on rape, which will be undertaken jointly by the Department of Applied Social Studies, University College Cork and the Cork Rape Crisis Centre. The research will run in parallel with the Garda research project and will have more of a focus on victims' experiences. It will examine, on a step-by-step basis, inter alia, the obstacles which rape victims encounter before coming into contact with and while progressing through the criminal justice system as a whole.
(Mayo): Date rape, in legal terms, should be a specific sexual offence. It has become a regular feature of weekend happenings. I have been contacted by members of the Garda Síochána who have investigated such distressing happenings. Is the Minister aware that Rohypnol which is used to spike drinks takes effect within 20 minutes; is ten times stronger than valium, and while, in theory, is legally available only on prescription is now readily available on the black market? Will the Minister ask his colleague, the Minister for Health and Children, to make contact with medical and pharmaceutical organisations and ask them to be vigilant and conduct an investigation into how Rohypnol is falling into the wrong hands? They should also be obliged to add a colouring agent to ensure it is visible and detectable. A taste ingredient should also be added. Something will have to be done to stamp out what is a frightening and growing development. From the point of view of the prosecution it is an offence that is almost impossible to prove given that the person concerned suffers from amnesia and Rohypnol leaves the system after a period of hours.
The question of imposing restrictions on the sale or availability of the drug rohypnol is a matter for the Minister for Health and Children to consider. In view of what the Deputy has said I will raise the matter with the Minister to see if he believes if restrictions of the kind described by the Deputy should be imposed.
On the question of whether there should be an offence for date rape, rape is a criminal offence, irrespective of whether it is committed on a date with an individual. It is still rape and, as such, carries very severe penalties. It is one of the most heinous offences known to mankind and is regarded so seriously in this jurisdiction that, with murder, it may only be tried in the Central Criminal Court. The introduction of a new offence of date rape would make not a difference because the penalty for rape, including date rape, is heavy and very heavy sentences are imposed by the courts.
(Mayo): Total premeditation is involved.
Every crime requires a degree of premeditation because if there is no premeditation there is no crime. I do not see what difference it could make to change the description of what is already a very serious criminal offence. I am deeply concerned about the increase in the number of rapes in the jurisdiction. It may be due to a greater willingness of victims to come forward.